Minor in Consumption - No blood test or B.A after assualt

[kfroelich]

Colorado- City of Loveland

I was issued a minor in consumption charge about a month ago. In which i just appeared in court for today. Due to the information that was presented to me such as the police officer not adminersting a B.A and the hospital i was tooken to did not take a blood test i asked for a continuence to talk to an attourney. The D.A himself was not very helpful saying that they had a good case against me. According to the police report the only evidence they have against me is the strong smell of alcohol on my breath and the fact that i seemed "out of it" not speaking corectly and me having the charetoristics of being under the influence. I believe due to there lack of evidence i would stand a chance of beating this charge by going to court but again im not a lawyer and do not have much experience with this type of event anyways. I just know that in colorado an alcohol related offense with someone who is underage results in a revokation of your DL for 3 months which is too much for me to handle. So what do you think my chances of beating this charge are?

[FlyingRon]

The DA is not there to be helpful (to you at least).
Since you're not allowed to consume *ANY* amount of alcohol, the testimony of your intoxication as well as odor of alcoholic beverages is MORE than enough to convict you. Unless your lawyer finds something you're not getting off. Further, if you asked for a continuance for a lawyer, you darned well better have one with you when you go back in.

[kfroelich]

Very understandable. Do you think due to the fact that i was assaulted that the reason of my intoxicated characteristics was caused by the assault? I have no recollection of the events prior or after the fact, and also not once is it stated in the police report that i myself had said that i had been drinking. Again this is all just out of curiosity in the end i most likely will be pleading guilty but it just helps to know your options in any situation.

[efflandt]

Since you have no recollection of what happened, what are you going to provide for a defense? Did you have a concussion or do you have any witness that can shed any light on what happened leading up to the brawl?